Domestic Violence

Criminal defense lawyer Dan Koukol has been successfully defending domestic violence charges in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas for more than 25 years.

Domestic Violence Charges

If you are facing domestic violence charges, you need an lawyer who:

Knows the intricacies of the charges you face and the consequences of such charges.

Understands it may be possible to convince the prosecutor not to file charges in a domestic violence case.

Understands how to use the “victims” unwillingness to cooperate with the prosecution to get your case dismissed.

Can defend the charges by presenting credible evidence regarding self-defense.

May be able to obtain outcomes involving community service or successful completion of a batterer's program instead of jail, prison, a strike, or firearm possession prohibitions.

Fully understands the consequences associated with proposed settlements and how to structure outcomes to help you clean up your record.

It is extremely important that an attorney is retained quickly in a domestic violence case. Witnesses and victims need to be interviewed. Bruises and bite marks on the defendant need to be photographed and documented by a licensed investigator.

Domestic violence cases are among the most emotional of all criminal cases and can be complicated—with the parties often having very different interpretations of what happened. In addition, society can be a harsh judge of such incidents, quick to assume guilt no matter what the evidence suggests.

Police frequently arrest who they believe to be the aggressor in domestic disputes. Because of “zero tolerance” policies regarding domestic violence, local police policy may require the officer to take a suspect to jail if they see any physical injury on the victim.

In many cases, it is unclear who the initial aggressor was and who is acting in self-defense. The preconception that the male is the aggressor is often not the case.

It is also common for the victim to think the whole thing is being blown all out of proportion, and that he or she would like to have the case dismissed. Victims often report that they are disappointed to learn that the prosecutor can prosecute the case regardless of their position.

One of the lowest level domestic violence charges is simple “battery on a spouse or cohabitant,” which is a misdemeanor that carries a maximum jail term of one year. The more serious “corporal injury on spouse or cohabitant” is a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on your criminal record and the circumstances of the crime. It may result in a prison sentence.

Burden of Proof

To prove you are guilty of this crime, the prosecution must prove that:

You willfully and unlawfully inﬂicted a physical injury on your spouse, cohabitant, or the parent of a mutual child,

The injury inﬂicted by the defendant resulted in a traumatic condition ,

You did not act in self-defense or in defense of someone else.

Legal Defenses

Although the legal defenses that apply to each case are different, several defenses common to domestic violence charges include (but are not limited to):

You were acting in self-defense or the defense of someone else.

It was an accident.

Negotiated Settlements

If you cannot successfully defend against the assault charge, to enter an admission to settle your case you will want to:

Carefully negotiate the offense you admit to.

Negotiate to avoid jail, prison, or other consequences

Make arrangements to clean up your criminal record and get your life back on track as soon as possible.

If you are facing assault or other charges, I can help. Call me at (530) 823-5400 to set up a free consultation.

Domestic Violance Related Offenses

It is not uncommon to see additional charges associated with domestic violence arrests. These may include child endangerment, disobeying a court order (restraining order), or injury to a telephone line.

Criminal Protective / Restraining Orders

In every domestic violence case, the judge must decide whether to issue a criminal protective order, which can place limits on your ability to contact or be present with the victim and other family members. This issue is decided at the first court appearance (the arraignment).

If your family wants to remain together during court process, it is important that the victim and anyone else affected has an opportunity to tell the judge that they do not want a stay-away order made. The court, however, may issue the stay-away order regardless of the voiced opinions.

One-Year “Batterer’s Program”

A conviction of any offense that was the result of domestic violence requires you to complete a one-year “batterer’s program.”

Domestic Violence Series – Part 5This is the fifth and final in this blog series covering domestic violence in Placer County. The first four can be found here: The Placer County

Domestic Violence Series – Part 4This is the fourth in this blog series covering domestic violence in Placer County. The first three can be found here: The Placer County Domestic

Domestic Violence Series – Part 3This is the third in this blog series covering domestic violence in Placer County. The first post outlined the Placer County Domestic Violence Court

11930 Heritage Oak Pl #6

Auburn, CA95603

Phone: 530.823.5400Fax: 530.852.0150

We serve clients throughout California including those in the following localities: Placer County including Roseville, Auburn, Granite Bay, Lincoln, North Auburn, and Rocklin; Nevada County including Nevada City; El Dorado County including Placerville; Sutter County including Yuba City; Yuba County including Marysville; and Sacramento County including Sacramento.